ORD20001045COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #I045
AN ORDINANCE TO AMEND CHAPTER 30,
SECTIONS 30.09,30.091,30.l0 AND 30.11,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(MUNICIPAL BUEDING CODE)
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as
follows:
SECTION 1. Chapter 30, Sections 30.09, 30.091, 30.10, and 30.1 1 ofthe Municipal Code ofthe
City of Muskego, Wisconsin, is hereby amended and made a part of the Municipal Code as
adopted by Ordinance #1045.
SECTION 2: A copy of said Ordinance has been on file in the Ofice of the City Clerk-Treasurer
and open to public inspection for not less than two weeks prior to the date of this Ordinance and
said Ordinance is hereby incorporated into the Municipal Code of the City.
SECTION 3. The several sections of this ordinance are declared to be severable. If any section
or portion thereof shall be declared by a decision of a court of competent jurisdiction to be
invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or 0 portion thereof directly specified in the decision, and not affect the validity of all other provisions,
sections or portion thereof of the ordinance which shall remain in full force and effect. Any other
ordinance whose terms conflict with the provisions of this ordinance are hereby repealed as to
those terms that conflict.
SECTION 4: This ordinance is in full force and effect from and after its passage and publication
PASSED AND APPROVED THIS DAY OF OCTOBER ,2000
CITY OF MUSKEGO
ATTEST- First Reading: 10/10/2000
Second Reading: 10/10/2000
Published on the 19'h day of
October. 2000.
COMMON COUNCIL - CITY OF MUSKEG0
ORDINANCE #lo45
AN ORDINANCE TO AMEND CHAPTER 30,
SECTIONS 30.09,30.091,30.10, AND 30.11
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEG0
(MUNICIPAL BUILDING CODE)
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as
follows:
SECTION 1. Chapter 30, Section 30.09 of the Municipal Code of the City of Muskego,
Wisconsin, is hereby amended to read as follows:
30.09 RAZING OF BUILDINGS
(1) RAZING OF BUILDINGS
The Building Inspector is hereby authorized to act for the municipality under the
provisions of Section 66.05 of the Wisconsin Statutes, relating to the razing of buildings
and all acts amendatory thereof and supplementary thereto. The Clerk Treasurer is
authorized to place the assessment and collect the special tax as there in provided.
(2) Before a building can be demolished or removed, the owner or agent shall notify all
utilities having service connections to or within the building, such as water, electric, gas,
sewer and other connections. A permit to demolish or to remove a building shall not be
issued until it is ascertained that service connections and appurtenant equipment, such
as meters and regulators, have been removed or sealed and plugged in a safe manner
Excavations shall be filled with solid fill to match lot grade within five (5) days of removal
of the structure. Any excavation shall be protected with appropriate fences, barriers
andlor lights. Site restoration shall be performed pursuant to City of Muskego Municipal
Code, Chapter 29, Erosion Control Ordinance requirements.
0
SECTION 2: Chapter 30, Section 30.091 of the Municipal Code of the City of Muskego,
Wisconsin, is hereby amended to read as follows:
30.091 DEMOLITION
(1) PURPOSE AND SCOPE
This section is intended to protect the Public Health and Safety during the demolition of
any structure within the Citv of Muskego.
(2) AUTHORITY
Ord. #I015 Page 2
0 (a) The building inspector is authorized to review, impose conditions. and issue
demolition permits and regulate demolition for all type A, AI, 6, 61, C, and C1
structures, as defined below.
(b) The building inspection department is authorized to review, impose conditions,
and issue demolition permits for Type D and Dl structures subject to Public
Service Committee approval for which a written recommendation from Building
inspection to the committee is required.
(c) A demolition permit will not be required for Internal Demolition if associated with a
remodeling permit or other permitted building improvements.
(3) DEFINITIONS
(a) Story: surface area of space at least 6 6" high and excludes basement or crawl
spaces.
(b) WDOT. State of Wisconsin Department of Transportation Standard
Specifications for Highway and Structure construction.
(c) NR: Department of Natural Resources Administrative Codes.
(d) Comm: Department of Commerce Administrative Codes.
(e) Types of Structures:
Type A: Storage sheds, agricultural use buildings and garages equal to or
greater than 1000 sf. and less than 10 feet from property line or
another structure.
Type Al: Storage sheds, agricultural use buildings and garages less than 1000
sf. and equal to or greater than 10 feet from property line or another
structure.
Type B: Single or two family dwelling unit@) less than 3000 s.f. and less than 10
feet from property line or another structure.
Type El: Single or two family dwelling unit(s) less than 3000 s.f. and equal to or
greater than 10 ft. from property line or another structure.
Type C:
1 Single or two family dwelling unit(s) equal to or greater than 3000 sf.
and less than 10 feet from property line or another structure.
2. Three or more dwelling unit structures less than 10 feet from property
line or another structure.
3. Commercial and Industrial structures 4000 s.f. and less than 10 feet
from property line or another structure.
Type C1:
Ord. #104S Page 3
1 Single or two family dwelling unit@) equal to or greater than 3000 s.f.
and equal to or greater than 10 feet from property line or another
structure.
2. Three or more dwelling unit structures equal to or greater than 10 feet
from property line or another structure.
3. Commercial and Industrial structures ~5000 sf. and equal to or greater
than 10 feet from property line or another structure.
Type D: Commercial and Industrial structures =>5000 s.f, and less than 10 feet
from property line or another structure.
Type Dl: Commercial and Industrial structures =>5000 sf. and equal to or
greater than 10 feet from property line or another structure.
(4) ADMINISTRATION OF DEMOLITION
Fee Structures
1, Structures less than 5000 s.f. and less than 40 in height: $30.00 or
$0.02/square foot, whichever is greater up to a maximum of $100.00.
2. Structures => 5000 square foot or => 40 in height $100.00 or $0.04/s.f.,
whichever is greater
Field inspections required at the following events:
1 Prior to commencement for site preparation compliance
a. Including sealing and locating utilities.
b. Including removal of underground storage tanks and before backfilling,
2. After removal of sub structures and before backfilling.
a. Including response to complaint from adjacent occupants during
demolition.
3. Upon restoration and removal of final access barriers.
Bonds
1 Performance bond is required for demolition of type D and Dl structures in
the amount of $2.50/square foot of structure.
Liability
1 The Property owner andlor their agent@) shall be responsible for all
damage, losses or nuisances caused by demolition activity and restoration
and maintenance thereof despite issuance and review of the demolition
permit application by the city's building inspection department.
2. Insurance for bodily injury and property damage will be required as follows:
a. Type D and Dl structures $1,000,000.
b. Type C and C1 structures $500,000.
Page 4 Ord. #lo45
(e) Schedules
1, Time for demolition from issuance of the permit to completion of site
restoration shall be before one calendar year
2. Time extension may be granted for extenuating circumstances by building
inspection, however, the demolition shall also be subject to any new
regulations and/or conditions of the permit enacted since original issue
date of the permit.
3. Actual time given from moment demolition commences to the complete
restoration of the site shall be:
a. 6 calendar months for Type D structures.
b. 3 calendar months for Type C structures.
c. 1 calendar month for all others.
(9 Appeals may be sought as per City Ordinance, Chapter 30.
(9) If any part of this ordinance is found to be invalid, it shall not invalidate the rest
of ordinance.
(5) SUBMITTALS AND SITE PREPARATION
Limited access to site with 4 foot minimum height perimeter fencing will be
required for demolition of Type B, C, C1, D, Dl structures.
Freon removal from Type C. C1, D, Dl structures will be in accordance to
Comrn regulations. Asbestos Removal from Type B, BI, C, C1, D, Dl,
structures will be in accordance with DNR Sections 4.06, 4.07 and 4.08
For type B. B1, C, C1, D and Dl whose structure tax value is over $50,000 and
over 50 years old will comply with COMM 53, unless waived by the City of
Muskego Common Council.
State Statutes to be complied with:
1 DNR NR 404(3), for secondary air attainment standards are to be met at
property line if said Type D structure is within 200 ft. of the property line.
2. Dust Control for Type B, B1, C, C1. D, Dl shall be in accordance with NR
404(3) for secondary particulate emissions including; Crushed stone access
drives for haul vehicles and wetting down disturbed areas as needed. A
water truck and spray may be required on site as directed by Building
Inspection Department.
3. Fuel tanks removal for C, C1, D, Dl structures shall be in accordance with
COMM 47
4. Structure C, C1, D, Dl demolition on previous waste disposal sites shall be
subject to applicable DNR regulations.
Ord. #lo45 Page 5
5. Structure demolition within well head protection zones shall be subject to the
City's well head ordinance regulations and said demolition plans shall meet
the approval of the Utility Committee.
6. Well@) shall be abandoned in accordance with NR 507
7 Disposal Sites shall be State approved sites only for Type C, C1, D, Dl
materials.
8. The following monitoring is required for Type D. Dl structures if toxicants
are found or known to be present in the Structure(s).
a. Air Quality; If said structure is within 200 feet of it's adjacent property
lines air sampling bags shall be placed at all four compass directions at
property line for the duration of demolition and be sampled once per
month until demolition is complete. The operation shall not generate
dust exceeding NR 404 (3) for secondary particulate levels.
b. Ground water monitoring is required if the structure to be demolished is
less than 200 ft from a property line in granular or silty soils or 50 in
clayish soils. A monitoring well downstream of structure at property line
shall be installed as per NR 507 and sampled accordingly:
(i) Sample 1 week before commencement of demolition.
(ii) Sample at end of demolition.
(iii) Abandon the monitoring well as per NR 507 requirements.
9. Ground water monitoring is not required for internal demolition.
10. Other toxicant identification for (Type D, Dl), structures shall be removed in
accordance with the applicable state and federal laws.
a. The method of removal of materials on EPA and DNR toxicity list
(including Lead Removal) shall meet the Approval of EPA and DNR prior
to issuance of permit.
b. When Toxic Organic matter is found the recommendation from
recognized industrial hygienist shall be met.
(e) City requirements for demolition:
1 Vibration for Type D structure demolition shall be less than 4 on Richter
Scale at the nearest property line of the structure if said structure is within
100 feet of any of its property lines.
2. Adjacent structures, pedestrian and vehicular traffic shall be protected from
flying debris in the demotion of Type B, B1, C, C1, D. Dl if the structure to
be demolished is within a distance equal to height of structure to be
demolished.
3. Flying debris protection shall be required between any structure or public
passageway to be demolished. If a structure or passageway is closer than
initial height of building and shall be of a height to be at least 8 ft. and
withstand wind loads of 20 p.s.f.
Ord. #I045
(6) PHYSICAL REMOVALS
Page 6
All basement footings, floors and walls shall be removed
Existing utility laterals and services shall be located and disconnected before
demolition commences. A 2" x 4 post at terminal of each utility service shall be
placed at the point of discontinuance.
Partial removal of Type B, B1, C, C1, D, Dl structures shall require a renovation
permit In addition plans to protect the occupants during demolition and
renovation needs to be submitted including the continued accessibility for
occupying portion of building. Internal demolition will be subject to E-1, 2, 3.
The following conditions shall apply for any removal within 100 feet of another
structure of a separate building user or owner:
1 Photograph or video tape all internal wall surfaces 7 days before demolition
commences of adjacent building's structure so as to record pre-demolition
condition. These records shall be given to the Building Inspection
Department before demolition commences and kept for one full year after
completion of demolition.
2. A structural engineer's report is required that will detail the protection and
renovation required of the adjacent shared wall. Those recommendations
will be added to the conditions of demolition permit and renovation permits.
3. Additional Permits required:
a. Renovation permit; Chapter 30.
b. Erosion control; Chapter 29.
c. Structure; Chapter 30.
d. HVAC; Chapter 30.
e. Plumbing; Chapter 30
f. Electrical; Chapter 30.
g. Occupancy; Chapter 30
Footings and basement walls shall not be removed if they are within 10 feet of
another structure. Or portion thereof that is not to be removed.
1, Reuse of a footing and wall for another structure can be reused if inspected
and approved by city building inspector
Approval of haul routes, by the appropriate jurisdictions will be required for Type
C, C1, D, Dl structures. Only on designated truck routes and one route from
site to a truck route approved by Supt. of Public Works. The cargo of the
Ord. #I045 Page 7
hauling vehicle will be required be enclosed if cargo material is under 12" in
dimension.
(9) The use of explosives, may be permitted by the Public Services Committee only
if:
1 The structure is more than 100 ft from any property line or another structure
or height of building whichever is greatest.
2. Fire department written approval and conditions are received and so
Comm. 7 to be adhered to. Dust and flying debris control will be mandatory.
(h) Razing by burning will be permitted only by the Fire Chief
(i) All litter beyond access control fence, shall be removed before sunset of the day
it is deposited.
(7) RESTORATION
(a) Temporary restoration is permitted if the site is to be built upon within 6 months.
Temporary restoration will not require grading, leveling and landscaping of the
site.
1 Use of dust proofing, waterproofing methods for temporary restoration to
be approved by Building Inspection.
(b) Permanent restoration will be required for Type B, 61, C, C1, D, Dl if the site is
not to be built upon within 6 months of completion of demolition and Chapter 29
of City Ordinances shall apply.
(c) Non-structural back fill is permitted for Type B, B1, C. C1, D, Dl and may be
demolition masonry or concrete debris provided that no dimension of the
material exceeds 12 inches and is not wood, plastics or steel or painted
concrete. Non-structural backfill can only be used in areas not scheduled for
future structures.
(d) Structural back filling shall meet WDOT Sections 206, 207, 208 and 209.
1 Compression of clays or granular soils with less than 10% silts or organic
material maybe 90%. However, a one calendar year wait will be required
before a new structure can be built. In addition, the fill shall be mounded
6' to 12" higher than adjacent ground.
2. Native soils shall otherwise be compressed to 95% density for future
new structure.
(e) Grading to match surrounding slopes and grades:
1 Landscaping shall be at least 6' topsoil, seeding and mulching placed in
accordance with WDOT Sections 625, 627, 629,and 630.
Page 8
Permanent Erosion Control conditions of Chapter 29 of City Ordinances will be
required during and after demolition.
Chapter 34 of City ordinances shall apply for all C, C1, D, and Dl demolition
sites.
Access control for Type A, AI, E, El, C, Cl, D, Dl structures during demolition
will consist of complete enclosure at least to a 4' height and for active sidewalk
use overhead shielding for necessary pedestrian and vehicle movements for
Type C, C1, D, Dl.
Chapter 29 of City ordinances shall apply for erosion control during Demolition.
After Demolition all barricades, silt fences, shields, equipment, etc., shall be
removed from the site.
(8) REUSE CERTIFICATE
(a) The sites of previous Type B, BI, C, C1, D, Dl structures can be used for other
facilities after a reuse certificate is issued by Building Inspector asserting that all
conditions of this ordinance is met.
(b) Site restoration may be modified or reduced if a building permit is taken out for a
new structure and site development if the permit(s) are taken out before
expiration of the demolition permit. In such cases, restoration will be governed
by the conditions of the building and site development permit(s). 0 SECTION 3: Chapter 30, Section 30.10 of the Municipal Code of the City of Muskego,
Wisconsin, is hereby amended to read as follows:
30.10 INSPECTIONS
(1) REQUIRED AND PERMITTED INSPECTIONS
Following the issuance of any permit under THIS CODE, specific inspections are
required. A list of required inspections for particular projects can be obtained from the
Building Inspection Department upon request. Further, the Building Inspector may, with
or without notice or invitation, from time to time and at any time, inspect the work that is
the subject of the permit, to ascertain if the work is being done or executed in compliance
with THIS CODE and all other applicable legal requirements.
(2) PERMIT HOLDER DUTIES
The permit holder or authorized agent shall notify the Building Inspection Department at
such times as an inspection is required under THIS CODE. The property owner, permit
holder or their authorized agent shall provide all ladders, scaffolds and other equipment
required to access the area to be inspected. If, upon any inspection, it is found that a
required inspection cannot be made because work to be inspected has been covered or
concealed, the property owner, permit holder or authorized agent shall uncover the work,
as directed by the Building Inspector, and no approval of covered or concealed work shall
0
Ord. #I045 Page 9
be given until the required inspection can be made and the work complies with the
provisions of THIS CODE and other applicable state and local regulations.
INSPECTION REQUESTS
The Building Inspector shall respond to inspection requests without unreasonable delay.
Upon inspection, the Building Inspector shall notify the property owner, permit holder or
authorized agent of any defects found, approve the work or waive the inspection. (Action
to waive the inspection shall be in writing by the Building Inspector).
RESULTS NOTIFICATION
The Building Inspector shall notify the property owner, permit holder or authorized agent
of the results of the inspection on the official permit sticker that shall be posted on the
premises. Surfaces unsuitable for sticker placement such as footings, foundations or
other similar surfaces may require the use of lumber crayons, permanent markers or
other means to record results. In cases where there is no surface suitable for the
placement of stickers and where the use of lumber crayons or permanent markers would
be detrimental to the surface, the results shall be forwarded either verbally or in writing to
the property owner, permit holder or authorized agent. In all cases, a copy of the
inspection results shall be placed in the permanent records of the Building Department.
EXISTING STRUCTURES
The Building Inspector shall have authority to make inspections from time to time, or as
otherwise required by THIS CODE, of all existing non-commercial structures to ascertain
whether the use, maintenance and occupancy is in accordance with all applicable
requirements. The Fire Inspector has primary responsibility for inspection of existing
commercial applications.
RE-INSPECTION
When violations of THIS CODE are found to exist, the property owner, permit holder or
authorized agent shall cause required corrections to be made and shall contact the
Building Inspection Department to arrange for re-inspection of the work. Each required
inspection is allotted one (1) re-inspection; subsequent re-inspections shall result in the
assessment of a re-inspection fee as from time to time established by resolution of the
Common Council and listed in TABLE #I Said re-inspection fee shall be paid prior to
any further re-inspections of the work.
FINAL INSPECTION
Upon completion of any building, structure, equipment or other work for which a permit
has been issued and before same is occupied or used, a final inspection shall be made
by the Building Inspector. and until such building, structure, equipment or other work for
which a permit has been issued is in compliance with all applicable requirements of THIS
CODE and terms of the permit, a certificate of occupancy shall not be issued and no
occupancy shall be maintained.
(a) If a registered architect or engineer has supervised the construction or other work
with respect to which a permit was issued, no certificate of occupancy shall be
issued, until such time as the architect or engineer of record has provided a
certificate of compliance or completion statement to the Building Inspector The
Ord. #I045 Page 10
certificate or statement shall certify that the work supervised or designed by the
architect or engineer has been completed in accordance with all the terms and
conditions of the permit, the approved plans and all provisions of THIS CODE.
(8) FAILURE TO REQUEST INSPECTION
Failure to request required inspections in a timely manner, or allowing work to be
covered prior to inspection, may result in the assessment of a penalty fee against the
permit holder, or owner of record; said penalty fee to be as from time to time established
by resolution of the Common Council and listed in Table #1
(9) SPECIAL INSPECTION WARRANl
In addition to the inspection powers of the Department under this Section, the Building
Inspector or his duly authorized agent@) and the Fire Inspector(s) of the City are
authorized to obtain special inspection warrants as provided in Sections 66.122 and
66.123, Wis. Stats., to ascertain compliance under this Chapter, other subject Chapters
and other applicable legal requirements.
(IO) BOARD OF APPEALS
Any person feeling aggrieved by any order or ruling of the Building Inspector may appeal
such ruling to the Board of Appeals within twenty (20) days after written notice of such
ruling shall have been delivered to him. Such appeal is to be in writing, setting forth the
order appealed from and the respects in which said person feeling aggrieved claims that
said order or ruling is erroneous or illegal. Said notice of appeal shall be filed with the
Planning Director or his duly authorized representative, who shall thereupon notify the
Building Inspector of said appeal, and the appeal shall be heard at the next meeting of
the Board of Appeals. The said Board of Appeals, after consideration thereof, shall
affirm, reverse or modify said order or ruling. The ruling or order of the Inspector shall be
enforced until changed by said Board of Appeals.
0
SECTION 4: Chapter 30, Section 30.11 of the Municipal Code of the City of Muskego,
Wisconsin, is hereby amended to read as follows:
I 30.1 1 STOP WORK ORDER
Whenever the provisions of THIS CODE or of the plans approved hereunder are not complied
with, a stop work order shall be served on the owner or his representative and a copy thereof
shall be posted at the site of the construction. Such stop work order shall not be removed
except by written notice of the Building Inspector after satisfactory evidence has been supplied
that the violation has been corrected. In the event that work continues, or stops and then
again resumes after the stop work order has been posted and before the Building Inspector
has provided written notice that work may resume, each day that work continues shall
constitute a separate offense and the Building Inspector shall not be required to continually re-
post the site.
SECTION 5: The several sections of this ordinance are declared to be severable. If any section
or portion thereof shall be declared by a decision of a court of competent jurisdiction to be 1 invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not affect the validity of all other provisions,
Ord. #lo45 Page 11
sections or portion thereof of the ordinance which shall remain in full force and effect. Any other
ordinance whose terms conflict with the provisions of this ordinance are hereby repealed as to @ those terms that conflict.
SECTION 6 This ordinance is in full force and effect from and after its passage and publication.
PASSED AND APPROVED THIS IOth DAY OF OCTOBER ,2000
CITY OF MUSKEGO A
ATTEST. First Reading: 10/10/2000
Second Reading: 10/10/2000
Cover Ordinance Published on the & day of October, 2000.
0 10/2000jlnb
Suzanne Sobczyk being duly sworn, doth depose and
say that she is an authorized representative of The
MUSKEGO SUN, a newspaper
published at MUSKEGO,
Wisconsin and that an advertisement of which the annexed
is a true copy, taken from the said paper, was published
therein on
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(Signed). BO PER
Subscribed and sworn to me before this., !.?&. .... day
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Notary Public,